Serious Incident Response Team Regulations
made under subsection 97(1) of the
Police Act
S.N.S. 2004, c. 31
O.I.C. 2012-120 (effective April 20, 2012), N.S. Reg. 89/2012
amended to O.I.C. 2024-263 (effective July 2, 2024), N.S. Reg. 129/2024
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
Communication from public
Securing scene of serious incident
Team’s exclusive jurisdiction over and responsibility for serious incident investigation
Segregating police officers during investigation
Police officer’s notes
Interviewing police officers
Change of status of police officer as subject or witness
Notice when charge laid against subject police officer
Report when charge not laid against subject police officer
Annual report to Minister
Oath of office for Director and investigators
Assistant Director
Citation
1 These regulations may be cited as the Serious Incident Response Team Regulations.
Definitions
2 (1) In these regulations,
“Act” means the Police Act;
“affected person” means, in relation to a serious incident, a person who
(i) died or was seriously injured,
(ii) may have been sexually assaulted or involved in an incident of
intimate partner violence, or
(iii) was affected by a serious incident that is determined under the Act to
be in the public interest to be investigated;
“chief officer” means a chief officer as defined in clause 2(c) of the Act, and in the
context of an investigation means the chief officer of the agency that employs the
police officer or officers who are involved in the serious incident that is being
investigated;
“investigation” means investigation of a serious incident in accordance with clause
26I(3)(a), (b) or (d) of the Act;
“person in charge of the investigation” means
(i) the Director or a person acting under the authority of the Director, in
an investigation undertaken by the Team under clause 26I(3)(a) of
the Act, or
(ii) the officer in charge of the investigation, in an investigation
conducted by
(A) an agency, under clause 26I(3)(b) of the Act, or
(B) an independent team or agency from another province, under
clause 26I(3)(d) of the Act;
“serious incident” is further defined to include intimate partner violence;
“subject police officer” means a police officer who is the subject of an
investigation, or whose actions may have resulted in a serious incident;
“Team” means the Serious Incident Response Team;
“witness police officer” means a police officer who is a witness to or has material
information relating to the events of a serious incident.
(2) In Sections 26A to 26N of the Act and in these regulations, “police officer” means
a member of the Provincial Police, the Royal Canadian Mounted Police, a
municipal police department or another police department providing policing
services in the Province, and includes a special constable while employed by an
agency and working in a lock-up facility.
Communication from public
3 For the purposes of subsection 26I(3) of the Act, the Director may become aware of a
serious incident by receiving a communication from a member of the public in the form
required by the Director.
Securing scene of serious incident
4 As soon as a chief officer becomes aware that an investigation is to be undertaken, and
until the Team or the investigating agency takes charge of the scene of the incident, the
chief officer must ensure that the chief officer’s agency secures the scene in a manner
consistent with the policies and usual practice of that agency.
Team’s exclusive jurisdiction over and responsibility for serious incident investigation
4A When the Team takes charge of the scene of a serious incident involving police, it has
exclusive jurisdiction over and exclusive responsibility for the investigation of the
serious incident and assumes immediate command of all of the following:
(a) all activities related to the scene;
(b) all evidence related to the investigation;
(c) all exhibits related to the investigation;
(d) the investigation;
(e) the direction of resources used in the investigation.
Segregating police officers during investigation
5 (1) As soon as a chief officer becomes aware that an investigation is to be undertaken,
the chief officer, unless otherwise directed by the person in charge of the
investigation, must ensure, to the extent that it is practicable, that all the police
officers involved in the serious incident are segregated from each other until the
Team or the investigating agency has finished interviewing all of the witness police
officers.
(2) Unless otherwise directed by the person in charge of the investigation, a police
officer who is segregated under subsection (1) must not communicate about the
details of the serious incident with any other police officer who was involved in the
incident until after the Team or the investigating agency has finished interviewing
all of the witness police officers.
Police officer’s notes
6 (1) Each police officer who is involved in a serious incident must complete their
police officer’s notes about the serious incident in accordance with the procedures
of their agency.
(2) Before requesting a police officer’s notes, the person in charge of the investigation
must advise the chief officer and the officer in writing of the officer’s status as a
subject police officer or witness police officer, as applicable.
(3) Except as provided in subsection (4), a witness police officer must provide their
police officer’s notes to the person in charge of the investigation, with a copy to the
chief officer, no later than 48 hours after the person in charge of the investigation
requests the notes.
(4) If, in the opinion of the person in charge of the investigation, allowing up to 48
hours for a witness police officer’s notes to be provided would cause an
unreasonable delay that may jeopardize the investigation, the person in charge of
the investigation may require the witness police officer’s notes to be provided
within a shorter time period.
(5) A subject police officer is not required to provide their police officer’s notes to the
Team or investigating agency, and no other person may provide the subject police
officer’s notes to the Team or investigating agency without the express permission
of the subject police officer.
Interviewing police officers
7 (1) Before requesting or directing a police officer to attend at an interview as part of an
investigation, the person in charge of the investigation must advise the chief officer
and the police officer in writing of the police officer’s status as a subject police
officer or witness police officer, as applicable.
(2) The person in charge of the investigation may direct that a witness police officer
attend at an interview and answer questions at a specified place and at a specified
time that, except as provided in subsection (3), is at least 48 hours after the serious
incident occurred.
(3) If, in the opinion of the person in charge of the investigation, waiting 48 hours
before conducting an interview with a witness police officer would cause an
unreasonable delay that may jeopardize the investigation, the person in charge of
the investigation may specify an earlier time for the interview.
(4) Except as provided in subsection (5), each police officer requested or directed to
attend at an interview must be given a reasonable opportunity to consult with legal
counsel before the interview, and the person in charge of the investigation must
advise the police officer of that opportunity.
(5) Subsection (4) does not apply to a witness police officer if, in the opinion of the
person in charge of the investigation, waiting for an opportunity for the witness
police officer to consult with legal counsel before an interview would cause an
unreasonable delay that may jeopardize the investigation.
(6) If practicable, an interview with a police officer must be recorded by audio or
video recording.
Change of status of police officer as subject or witness
8 (1) If, at any time after advising that a police officer is considered to be a subject
police officer, the person in charge of the investigation decides that the police
officer’s status is changed to that of a witness police officer, the person in charge
of the investigation must advise the chief officer and the police officer in writing of
the change of status.
(2) If, after conducting an interview with or obtaining police officer’s notes from a
police officer who was considered to be a witness police officer when the
interview was directed or the police officer’s notes requested, the person in charge
of the investigation decides that the officer is now considered to be a subject police
officer, the person in charge of the investigation must do all of the following:
(a) advise the chief officer and the police officer in writing of the change of
status;
(b) give the police officer the original and all copies of the record of any
interview with the police officer that was requested when the police officer
was considered to be a witness police officer;
(c) give the chief officer the original and all copies of the police officer’s notes
about the serious incident.
Notice when charge laid against subject police officer
9 (1) Except as provided in subsection (2), if an investigation results in 1 or more
charges being laid against a subject police officer, the Director must, as soon as
practicable, have a public notice posted on the Team website or at another location
determined by the Director that contains only the following information:
(a) the subject police officer’s name;
(b) the charges laid and the date they were laid;
(c) information about the first scheduled court appearance regarding the
charges, if available.
(2) If the release of the name of a subject police officer who has been charged with
sexual assault to the public may result in the identity of the person who reported
that they were sexually assaulted by the subject police officer being revealed, the
Director may omit the subject police officer’s name from the public notice posted
under subsection (1) after consulting the person.
(3) If a charge laid against the subject police officer is prosecuted, the Director may set
out the reasons why the charge was laid in a public notice posted at the conclusion
of the prosecution and at the same location that the original public notice was
posted under subsection (1).
Report when charge not laid against subject police officer
9A (1) If an investigation does not result in any charges being laid against a subject police
officer, the Director must publish a report containing all of the following and have
the report posted on the Team website and at any other location determined by the
Director:
(a) the reasons why the investigation was believed to be authorized under
Section 26I of the Act;
(b) a detailed description of the events leading to the investigation;
(c) a summary of the investigative process that includes a timeline and notes
any delays;
(d) except as provided in subsection (2), a summary of the relevant evidence
considered, including how many witnesses were interviewed;
(e) the reasons for not laying a charge against the subject police officer,
including a review of any relevant legal issues;
(f) except as provided in subsection (2), any other information or evidence the
Director determines it is necessary to include, including any relevant video,
audio or photographic evidence that has been de-identified as much as
possible.
(2) If the Director is of the opinion that a person’s privacy interest in not having some
or all of the information or evidence described in clauses (1)(d) or (f) published
outweighs the public interest in having the information or evidence published, the
Director may omit that information or evidence from the report published under
subsection (1) and must provide reasons for doing so.
(3) The Director must ensure that none of the following information is included in the
report published under subsection (1):
(a) the name of and any information identifying a subject police officer, a
witness police officer, a civilian witness, or an affected person;
(b) information that may result in the identity of a person who reported that they
were sexually assaulted being revealed in connection with the sexual
assault;
(c) information that, in the opinion of the Director, could lead to a risk of
serious harm to a person;
(d) information that discloses investigative techniques or procedures;
(e) information that is prohibited or restricted from being released by law.
(4) Subject to subsection (5), the Director must give a copy of the report published
under subsection (1) to all of the following:
(a) except as provided in subsection (6), the affected person;
(b) each subject police officer involved in the investigation;
(c) any agency that has authority over a subject police officer or witness police
officer involved in the investigation;
(d) the Minister.
(5) The report published under subsection (1) must be posted on the Team website and
at any other location determined by the Director under subsection (1) and given to
the affected person under clause (4)(a) and a subject police officer under clause
(4)(b) no later than 2 days after it is given to an agency under clause (4)(c) and the
Minister under clause (4)(d).
(6) If the person described in clause (4)(a) is 1 of the following, a copy of the report
published under subsection (1) must be given to the corresponding person or
persons:
(a) if the person is deceased, the person’s next of kin;
(b) if the person is a minor, the person’s parent or guardian;
(c) if the person does not meet the definition of “capacity” in the Adult
Capacity and Decision-making Act, the person and their alternative
representative appointed under the Adult Capacity and Decision-making
Act.
(7) Despite subsection (1), if the serious incident investigated was the reported sexual
assault of an affected person and the Director is of the opinion that the affected
person’s privacy interest in not having the report published outweighs the public
interest in having the report published, the Director may decide, after consulting
the affected person, to
(a) not publish the report; and
(b) only give the report to the persons and agencies described in subsection (4).
Annual report to Minister
10 (1) The annual report to the Minister on the operations of the Team must include all of
the following:
(a) a comparison between the number of matters referred to the Director in the
year and the number of investigations started and concluded in the year;
(b) the information required under Section 26N of the Act.
(2) For investigation work conducted by the Team under an agreement made under
subsection 26H(3) of the Act, the annual report to the Minister must include all of
the information described in subsection (1) as it relates to the investigation work.
Oath of office for Director and investigators
11 The Director, the Assistant Director and each person appointed as an investigator for the
purpose of the Team must take the following oath or affirmation before a commissioner
of oaths:
I, (name of investigator), do (select one) solemnly swear/affirm that I will faithfully,
diligently and impartially execute and perform the duties required of me as a member of
the Serious Incident Response Team and that I will, to the best of my judgement, skill,
knowledge, and ability, carry out, discharge and perform all the duties of my office
faithfully, impartially and according to the Police Act or any other Act and any
regulation, rule or bylaw, and will not, except in the discharge of my duties, disclose to
any person any matter or evidence that may come to my notice through my employment,
(select one) so help me God/I so affirm.
Assistant Director
12 (1) The Team may hire an Assistant Director.
(2) An Assistant Director hired under subsection (1) has all the powers of the Director
as set out in Section 26G of the Act.
(3) In addition to the people who may be designated as an acting Director under
subsections 26C(2) and (3) of the Act, the Director may designate, in writing, an
Assistant Director of the Team hired under subsection (1) to act as an acting
Director in place of the Director while the Director is absent or unable for any
reason to perform the duties of their office and any act done by the acting Director
has the same force, validity and effect as if done by the Director.
The following regulations are not
yet in force and are not included in the current consolidation: